7.3. SR 10-17-2011 - Laserfiche WebLink

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Section 11. That Section 30-1873 of the City of Elk River Code of Ordinances, titled Penalty; additional remedies, shall be amended to read as follows: (a) Violations of the provisions of this division or failure to comply with any of its requirements including violations of conditions and safeguards, established in connection with grants of variances or conditional uses, shall constitute a misdemeanor and shall be punishable as defined by law. (b) Nothing contained in this division shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to the following: (1) In responding to a suspected violation, the Land Development Staff and the city may utilize the full array of enforcement actions available to the city, including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When a violation is either discovered by or brought to the attention of the Land Development Staff ~ b ,the Land Development Staff shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate state Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. (3) The Land Development Staff shall notify the suspected party of the requirements of this division and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Land Development Staff may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Land Development Staff ~ b may either: a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or b. Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days. (4) If the responsible party does not appropriately respond to the Land Development Staff lxg within the specified period of time, each additional day that lapses shall constitute an additional violation of this division and shall be prosecuted accordingly. The Land Development Staff shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this division. Section 12. That Section 30-1874 of the City of Elk River Code of Ordinances, titled Miscellaneous restrictions, shall be amended to read as follows: (a) Manufactured homes and travel trailers. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this division, and specifically section 30-1)35 (b) Nonconforming structures and uses. Modifications, additions, structural alterations. normal maintenance or repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this division, specifically section 30-1915